RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00883
            INDEX CODE:  110.03, 130.00

      XXXXXXXXX  COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  5 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated on active duty with back pay and promotion to  the
next higher grade.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to retire based on an improper diagnosis and  due  to
the lack of proper training and experience; race, equal opportunity
and age.

Applicant’s complete submission, w/attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the events under review, applicant served on  active  duty
in the US Navy and was  transferred  to  the  US  Navy  Reserve  on
9 Jul 71.  He was credited with 3 years, 11 months and 28  days  of
active duty service.  He was in the inactive  Naval  Reserve  until
his discharge on 11 Jul 73.  Applicant was in civilian status  from
12 Jul 73 – 23 Apr 80.  He served in the Army National  Guard  from
24 Apr 1980 – 23 Apr 1981.  He was again in  civilian  status  from
24 Apr 81 – 28 May 85.  Applicant entered the US  Navy  Reserve  on
29 May 85 and actively participated until his discharge in Jun  94.
On 29 Jun 94, he enlisted in the US Air Force Reserve for a  period
of six years in the grade of staff sergeant.  He  was  promoted  to
the rank of technical sergeant, with an effective date and date  of
rank of 1 Jan 00.

Applicant completed a  Reserve  Component  Health  Risk  Assessment
(RCPHA) in Apr 02, he reported being  treated  with  antidepressant
medication for depression for the prior  six  months  triggering  a
medical review and Line of Duty Determination (LOD).  Prior to  Apr
02, applicant denied medical or psychological problems on  military
medical examinations (including a 1999 FAA Exam).  In  Dec  02,  he
was disqualified from continued participation in  Reserve  duty  or
training pending a fitness review.  He  underwent  a  comprehensive
psychiatric evaluation  in  Mar  03,  leading  to  a  diagnosis  of
Dysthymic disorder with current symptoms in  substantial  remission
on medication.

An LOD was completed finding the applicant’s chronic  condition  to
be non-duty related.  Review by medical authorities at  HQ  ARPC/SG
concurred with the conclusions of the psychiatry evaluation and the
applicant was determined to be unfit for continued reserve duty due
to his LOD-No condition.

On 9 Jun 04, he was honorably transferred to  the  Retired  Reserve
awaiting pay at age 60.  He was credited with 21 years, 11  months,
and 28 days of satisfactory service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPZ  reviewed  this  application  and  recommended  denial.
Based on documentation provided by the applicant he did retire from
the Air Force Reserve in part due to having a condition  that  made
him physically disqualified for active duty.  As a result,  he  was
afforded the opportunity to voluntarily retire from the  USAFR  and
he elected to do  so.   HQ  AFRC/DP  and  SG  concurred  with  this
response.

The HQ AFRC/DPZ complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 28 Oct 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial.  A  review  of  the
applicant’s civilian health records indicated  onset  of  depressed
mood beginning around  May  00  diagnosed  as  Dysthymic  Disorder.
Review of his Reserve point summary finds no  periods  of  extended
active duty of 31 days or more; he was disqualified from  continued
participation in Reserve duty or training pending  fitness  review.
Applicant  underwent  comprehensive   psychiatric   evaluation   on
24 Mar 03 that  included  review  of  his  civilian  mental  health
records, psychological testing, and psychiatric  interview  leading
to  diagnosis  of  Dysthymic  disorder  with  current  symptoms  in
substantial remission on medication.

A  formal  LOD  was  completed  finding  the  applicant’s   chronic
condition  to  be  non-duty  related.   Review   by   the   medical
authorities at HQ ARPC/SG concurred with  the  conclusions  of  the
psychiatry evaluation and the applicant was determined to be  unfit
for continued reserve duty due to his LOD-No conditions.  Applicant
appealed the unfit decision to the Formal Physical Evaluation Board
(FPEB) on 1 Apr 04.  In testimony, he  contended  he  was  fit  for
continued Reserve duty.  He testified he  had  been  taking  Effexo
since 1996 without problems and had  been  performing  his  duties.
The FPEB found the applicant unfit for continued military  service.


The BCMR Medical Consultant complete evaluation is at Exhibit E.

___________________________________________________________________

ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 8 Aug 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit F).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  The applicant is requesting  reinstatement  to  active  duty
with back pay and promotion to the next  higher  grade.   Applicant
completed a RCPHA in Apr 02, after  reporting  being  treated  with
antidepressant medication for depression for the prior  six  months
triggering a medical review and LOD.  Prior to  Apr  02,  applicant
denied  medical  or  psychological  problems  on  military  medical
examinations.   Applicant  was   subsequently   disqualified   from
continued participation in Reserve duty or training and found unfit
for continued military service by the FPEB.  The  applicant’s  case
has undergone an exhaustive review by the BCMR  Medical  Consultant
and there is nothing in the evidence provided by the applicant that
would overcome his assessment of the case.  We therefore agree with
the opinions and recommendation of the Air Force office of  primary
responsibility and the AFBCMR Medical Consultant  and  adopt  their
rationale as the basis for our  decision  that  the  applicant  has
failed to sustain his burden of having suffered either an error  or
injustice.  Hence, in the absence of evidence to the  contrary,  we
find no compelling basis to recommend granting the relief sought in
this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00883 in Executive Session on 26 September 2006, under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPZ, dated 20 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Oct 05.
    Exhibit E.  BCMR Medical Consultant, dated 8 Aug 06.
    Exhibit F.  Letter, AFBCMR, dated 8 Aug 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair